RES-10264 Authorizing Sale of City-Owned Unimproved Surplus Real Property to Redevelopment AgencyRESOLUTION NO. 10264
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE FINDING THAT CERTAIN
CITY -OWNED UNIMPROVED REAL PROPERTY
CONSISTING OF APPROXIMATELY 19,672
SQUARE FEET AND GENERALLY LOCATED ON
THE WEST SIDE OF STATE COLLEGE BLVD.
APPROXIMATELY 235 FEET NORTH OF THE
INTERSECTION OF STATE COLLEGE BLVD. AND
W. CHAPMAN A VENUE IN THE CITY OF ORANGE
IS SURPLUS TO THE CITY'S NEEDS AND
AUTHORIZING THE SALE THEREOF TO THE
ORANGE REDEVELOPMENT AGENCY FOR
REDEVELOPMENT PURPOSES.
WHEREAS, the City of Orange (the City) is a municipal corporation exercising
governmental functions and powers, organized and existing under the laws of the State of
California, and authorized to sell and otherwise convey real property to the Orange
Redevelopment Agency (the Agency) under the California Community Redevelopment Law
commencing with Section 33000 of the Health and Safety Code and hereinafter referred to as the
Redevelopment Law); and
WHEREAS, the Agency has been duly created, established and authorized to transact
business and exercise its powers under and pursuant to the Redevelopment Law; and
WHEREAS, as authorized by Section 37350 of the Government Code of the State of
California, the City Council desires to find and determine that that certain irregular-
shaped,unimproved City-owned real property, consisting of approximately 19,672 square
feet and generally located on the west side of State College Blvd. approximately 235 feet north
of the intersection of State College Blvd. and W. Chapman Avenue in the City of
Orange (the Property), is not needed for the purpose for which it was acquired or for any other
public purpose and is, therefore, surplus real property and should now be sold for the common benefit of
the City.The Property is depicted on the map attached hereto as Exhibit B and
more particularly described on Exhibit A, attached hereto and incorporated herein by this
reference; and WHEREAS, the Property consists of a remainder of a larger parcel which was
acquired by the City and used in part for street purposes and, as such, is exempt from the
requirement of Section 65402 of the Government Code of the State of California requiring
the Planning Commission to prepare a report indicating that disposition of the Property conforms
with the City's General
Plan; and WHEREAS, the Property is located within the boundaries of the Orange
Merged and Amended Redevelopment Project Area (the Redevelopment Project Area),
Redevelopment Project Area was duly established by the City Council of the City of Orange on
November 27,2001 by Ordinance No. 21-01, pursuant to the Redevelopment Law;
and WHEREAS, this City Council, as the lead agency under the California
Environmental Quality Act (CEQA), finds and determines that the sale of the Property is categorically
exempt from the provisions ofCEQA under Section 15312 of the State CEQA Guidelines;
and WHEREAS, in accordance with the authority conferred upon the City by Sections
33220 and 33396 of the Redevelopment Law, the City Council desires to aid and cooperate in
the planning, undertaking, construction or operation of the Redevelopment Project Area
by conveying the Property to the Agency for redevelopment purposes in accordance with the
terms and provisions of that certain Purchase and Sale Agreement in the form presented at this
meeting the Agency Purchase Agreement);
and WHEREAS, Section 33396 of the Redevelopment Law authorizes the Agency to
accept a conveyance of City-owned surplus real property for disposition by the Agency
to private persons or to public or private entities by sale or lease for redevelopment
purposes; and WHEREAS, the Property has been appraised as having a fair market
value of 708,000.00 and the purchase price set forth in the Agency Purchase Agreement
is III accordance with said
appraisal; and WHEREAS, the Agency Purchase Agreement by and between the City and
the Agency has been prepared and submitted, providing for the conveyance of the Property by the City
to the Agency for the purchase price and upon the terms stated
therein; and WHEREAS, the City Council, along with the Board of Directors of the Agency,
has duly considered all of the terms and conditions of the Agency Purchase Agreement, as set forth
in the agenda report presented to it and any testimony received at the meeting at which this
matter was considered, and believes that the conveyance of the Property is in the best interests of the
City and the health, safety, morals and welfare of its residents, and in accord with the public
purposes and provisions of applicable State and local law requirements, and that such activities
promote the objectives of the Redevelopment Law as well as the Redevelopment Plan for
the Redevelopment
Project Area.NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Orange resolves, on the basis of the facts set forth in the agenda report presented to it
and any testimony received at the meeting at which this matter was considered,
as follows:I. The foregoing recitals are true
and correct.2. The City Council finds and determines that the sale of the Property
is categorically exempt from the provisions of CEQA under Section 15312 of the State CEQA
Guidelines and,accordingly, hereby authorizes and directs the City Clerk to file a Notice of Exemption
with the Orange
County
3. The City Council hereby finds and determines that the Property is not needed for
the purpose for which it was acquired or for any other public purpose and is, therefore, surplus real
property, the sale of which to the Agency in accordance with the terms and provisions of the
Agency Purchase Agreement is for the common benefit of the City.
4. This City Council hereby authorizes and directs that the Property be sold to the
Agency pursuant to the terms and provisions of the Agency Purchase Agreement in the form
presented at this meeting, and hereby authorizes and directs the Mayor to execute, and the City
Clerk to attest, the Agency Purchase Agreement on behalf of the City and to sign and deliver
all documents and take all other actions necessary and appropriate to carry out, implement and
administer the City's obligations thereunder.
ADOPTED this 26th day of February, 2008.
ATTEST:
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Mary E.
I, MARY E. MURPHY, City rk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 26th day of February, 2008, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
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